Dunkin' Donuts to remain closed late at night

A Dunkin Donuts forced to close from 12 to 5 AM because of panhandling complaints went to court to have the restrictions lifted. That request was denied as the judge said there weren't enough facts and the business still had the ability to function while it waited for its court date. But a local attorney who specializes in business licensing tells us he thinks the process is fair.

Rekha and Sunny Gabhawala quickly left the courtroom this morning. They were hoping the judge would agree their business is suffering irreparable damage as they lose out on five hours of business a night. But the judge said the Gabhawalas just aren't satisfied with the appeals process and he doesn't have much sympathy.

Attorney Mike Maistelman isn't surprised.

\"To ask for this special permission, to get the relief your asking for before the case is even started; you have to meet a very high burden to do that,\" he said.

Maistelman said the process of losing your license isn't about \"he-said, she-said.\" and though evidence can be word of mouth, it has to be verified.

\"They would bring firsthand testimony, evidence, maybe videos of problems that are occurring there and likewise the licensee would present information, like subpoena the police,\" he said.

And Maistelman says, when it comes to renewing your license, its all about your relationship with your neighbors, both business and residential.

\" Reach out to your local alderperson and reach out to your neighbors, because if you don't do that they feel like you don't care. But if you're getting nowhere then you have to fight them and gather evidence and document everything,\" Maistelman said.

As for the Gabhawala family, records of the application process and all testimony will be reviewed by the judge and he will decide if the city was justified in their actions.

\"Ultimately its about the facts that were presented to the licensing committee, under oath, in a quasi-judicial context,\" Maistelman said.